Ethics / Professionalism

Negotiation Ethics in Five Acts


In negotiations, as in all legal situations, you can find yourself faced with many ethical dilemmas, which if not handled properly can lead to a whole host of trouble, including sanctions. Through a series of several vignettes, esteemed Pillsbury Winthrop attorney David Keyko addresses various situations where an attorney may be faced with how to ethically handle issues that arise during the course of negotiations. Using case law as well as references to the rules of professional conduct, he provides insight as to how to address these issues that may arise in a lawyer's practice.


I. Ethics in Negotiations
    A. Introduction
    B. Act I
        1. The Dilemmas Begin
        2. Use of Metadata
        3. Attorney-Client Relationships
        4. Representing a Company and Its Subsidiary
        5. Advance Conflict Waivers
        6. Waivable Conflict
    C. Act II
        1. The First Meeting with Potential Buyers
        2. Obligation to Correct Misstatements
        3. False Statements
        4. Volunteering Information to the Other Side
        5. Joint Interest Agreements and Attorney-Client Privilege
        6. Puffery and Communications
        7. Possibility of Fraud
        8. Handling Misdirected Email
    D. Act III
        1. More Ethical Dilemmas Ensure
        2. Business Judgment when Dealing with Mistakes
        3. No Contact Rule
        4. Drafting of a Side Letter
        5. Privileged Conversations
        6. Privilege, Outside Counsel, and Reporting Up
    E. Act IV
        1. Escalating Concerns Arise
        2. Recordings and Ethical Issues
        3. Crafting a Billing Statement
        4. Correcting an Unintentional Error
        5. Providing Information to the Other Side
        6. Outside Counsel Representing All Parties Involved
        7. Clarifying Who Your Client Is
    F. Act V
        1. Nearing the End...Hopefully
        2. Duty to Disclose

Content Provided

With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.

Learning Objectives:

Speaker / Author:

Photo of David G. Keyko, Esq.

David Keyko

David Keyko is a partner in the New York office of Pillsbury Winthrop Shaww Pittman LLP.  His practice has focused on major, complex litigation, including cases involving allegations of fraud, antitrust violations, ethics issues and trusts and estates matters.

Mr. Keyko has tried large commercial cases, conducted internal investigations and responded to government probes. He has also served as an expert witness in connection with legal malpractice litigation. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs the Practising Law Institute’s programs on federal pretrial practice and ethics for corporate lawyers. David maintains an active pro bono practice as well.

In 1974, Mr. Keyko graduated magna cum laude from Yale University with a B.A. In 1977, he earned his law degree cum laude from New York University School of Law, where he was a member of Order of the Coif and articles editor for the Annual Survey of American Law.


Price (USD)

Standard Rate: $173.00
Subscribers: FREE
Pillsbury U Online: FREE
Metro State Univ: $173.00


Course Code : 775536

Release Date : 05/17/2018

Length : 1hr 51min
Recorded Date : 1/10/2018

Format Type : eLearning
Mobile Compatible

Accreditation Info

Returning Subscribers

- OR -